WhatsApp privacy policy not really a choice, limits functionality: experts

With time you won't be able to receive incoming calls or notifications and WhatsApp will stop sending messages and calls to your phone

WhatsApp's new privacy policy update, which went into force on Saturday, came under criticism from several quarters for not really giving users a choice to opt out.

The company had earlier set a deadline of February 8 for these changes but deferred it to May 15 after a backlash with wide fears over data being shared with Facebook and the Indian government asking WhatsApp to withdraw its policy.

In an update earlier to its frequently asked questions page, the Facebook-owned messaging service said it would give everyone time to review, and continue to remind those who haven’t had the chance to do so to review and accept. After a period of several weeks, the reminder people receive will "eventually become persistent".

The reminders will not become persistent for all users at the same time. But once they do become persistent for users, WhatsApp said they would "encounter limited functionality on WhatsApp until you accept the updates." Further, people "won’t be able to access your chat list, but you can still answer incoming phone and video calls. If you have notifications enabled, you can tap on them to read or respond to a message or call back a missed phone or video call. After a few weeks of limited functionality, you won’t be able to receive incoming callsIRCT or notifications and WhatsApp will stop sending messages and calls to your phone," it said.

In a report detailing these changes, Gizomodo had said WhatsApp will turn your account into a "useless zombie" if you do not accept its privacy policy update.

WhatsApp, on the other hand, has maintained that it is not doing anything new or novel. In an affidavit filed with the Delhi High Court on Friday, WhatsApp said the privacy policy update would not affect the privacy of personal messages of its users in any way. It further said companies such as Google, Microsoft, Zoom, Zomato, Republic World, Ola Cabs, True caller, Big Bakset, Koo, and public companies such as Aarogya Setu, Bhim, Air India, Sandes, Government e-Marketplace (GeM), Indian Railway Catering and Tourism Corporation (IRCTC), also have similar policies, the legal portal LiveLaw reported.

“WhatsApp's new terms requiring users to accept them by a cut-off date to continue to avail full functionality has brought click wrap contracts and their intended manner of operation under the glare. Click wrap contracts require a user to click “yes” or “ok” to the terms, which constitutes legal consent for availing a service. Given the substantial user base and the apparent network effect, it literally leaves little room for users to make a choice. The law may not oblige them to provide the service unless their terms are accepted, and hence the question really is will users click “yes” even if they are not “ok”? Germany has temporarily banned the update raising privacy concerns, and EU may also be looking into it closely," said Raj Ramachandran, Partner, J Sagar Associates.

What is at stake?

Digital liberties organisation Internet Freedom Foundation also detailed the issues with the policy update. These include more details about usage and log information and device and connection information collected by WhatsApp. The update policy also says it would collect  information like battery levels and signal strength of users' devices.

Further, even if a user does not use their location-relation features, WhatsApp collects their IP addresses and other information like phone number area codes to estimate general location like city and country. Also for users of their payment service, WhatsApp will start processing payment account and transaction information which includes information about payment method, shipping details and transaction amount, IFF said.

"What's the worst part? There is no option to users, except to click on, “I Agree.” If you don't want to give in, we suggest you consider switching to a more secure platform like Signal and also join us in pushing for enactment of a strong data protection legislation in India ," IFF added.